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Possession of any quantity of cannabis is punishable by up to six months imprisonment and a fine of up to $500. For first time offenders, the court will sentence the individual to probation and upon successful completion of the probation period, the individual's record will be sealed. For subsequent violations, probation might still be possible.
Production, delivery or sale of less than 50 pounds of cannabis is punishable by up to two years in prison and a fine of up to $5,000. For 50 pounds or more, the sentence rises to a mandatory minimum of one year in prison and a possible range of 2.5 - 15 years in prison and a fine of $500 - $10,000. For production or sale of 100 pounds or more the mandatory minimum sentence is three years and up to 15 years imprisonment, along with a fine of $2,500 - $25,000. For 2,000 pounds or more, the penalties raise to a mandatory minimum 5-year sentence up to 15 years imprisonment and a fine of $5,000 - $50,000. For any quantity of 10,000 pounds or more, the mandatory minimum sentence is 10 years with up to 15 years imprisonment possible and a fine of $20,000 - $200,000.
Sale of cannabis within 1,000 feet of a school adds another 2-year mandatory minimum sentence for sale and can go as much as an additional 15 years in prison and a fine of $1,000 - $10,000.
The production or sale of paraphernalia is punishable by 1 - 2 years imprisonment and a fine of $500 - $5,000, unless the sale was to a minor, in which case the penalty is 3 - 5 years in prison and a fine of $1,000 - $5,000.
Conditional release: The state authorizes conditional release or alternative or diversion sentencing for individuals facing their first prosecutions. Typically, conditional release lets an individual opt for probation rather than trial. After successfully finishing probation, the person's criminal record does not reflect the charge.
Mandatory minimum sentence: When an individual is convicted of a violation punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no authority to sentence the individual to less time than the mandatory minimum. A convict serving an MMS for a federal offence and for most state violations will not be eligible for parole. Even peaceful cannabis users sentenced to "life MMS" must serve a life sentence with no chance of parole.
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